33 U.S.C. § 3036 — Career flexibility to enhance retention of officers

(a) The Secretary may establish a program under which officers are inactivated from active duty for personal or professional needs and returned to active duty after the inactivation. (b)(1) The Secretary sets each officer’s inactivation period in the subsection (c) agreement, but it may not exceed 3 years. (2) Participation time does not count toward retirement eligibility or retired-pay calculations under subchapter III. (c) Each participant must sign a written agreement promising (1) to perform the inactive-duty training the Director of the NOAA Commissioned Officer Corps requires to keep the officer’s technical skills, professional qualifications, and physical readiness at the Director’s required level; and (2) after inactivation, to serve 2 months on active duty for every month of inactivation. (d) The Secretary must issue regulations about release conditions that the agreement must address and, at minimum, procedures and standards for instructing the officer about the subsection (c)(1) obligations while released. (e) Under regulations, the Secretary may require a participant to end the program and return to active duty. (f)(1) Each month, the participant receives basic pay equal to two-thirtieths of the monthly basic pay the officer would otherwise receive under section 204 of title 37 as an active-duty member of the same grade and service years at program entry. (2) The participant may not receive special or incentive pay or a bonus covered by an agreement under chapter 5 of title 37 that was in force at entry. Inactivation is not a failure to perform required service under that agreement. (3) On return, such an agreement revives for its remaining term and the pay or bonus is payable under it, unless it is no longer legally authorized or the officer no longer meets the eligibility rules in effect on return. If it later becomes unauthorized, the revival stops. An officer ineligible because of the changed eligibility rules must repay as the agreement requires. Service required by the revived agreement is additional to service required under subsection (c). (4) Subject to the single-residence rule, the officer receives section 452 of title 37 travel and transportation allowances for travel from the release residence to the United States residence designated for the program and travel back on return. (5) The officer may carry forward the leave balance existing at program entry and accumulated under section 701 of title 10, up to 60 days. (g)(1) While participating, the officer is not eligible for promotion consideration under this subchapter. (2) On return, the Secretary may adjust the date of rank under regulations, and the officer becomes eligible when officers of the same competitive category, grade, and seniority are eligible. (h) During participation, the officer is treated as an active-duty uniformed-service member for more than 30 days for (1) the officer’s and dependents’ medical and dental-care entitlement under chapter 55 of title 10 and (2) retirement or separation for physical disability under subchapter III.